Conditions Générales de vente
Last updated: July 2021
About Charles Girardier and these General Conditions of Sale
Updates to these Conditions of Sales
We may make changes from time to time to these General Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sales will always be available on our website www.charles-girardier.com. Any new version of these General Conditions of Sales shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale. By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
Product availability, quantity and wating list
All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Quantity limits and waiting lists may apply in relation to orders for certain products.
Customization such as the personalized mysterious signature with initials of your choice, diamond setting or other customisation are available on a selection of products. If you wish to have your product personalized, please provide the details to the Sales Channels as requested. We reserve the right to withhold or refuse acceptance of any order for personalized products, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct. In addition, orders for personalized products cannot be cancelled and such products that have been customized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these Conditions of Sale. This does not affect your consumer rights.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
Prices, taxes and shipping costs
All prices shown on the order confirmation include sales taxes/VAT but exclude shipping costs and other taxes unless otherwise stated. The applicable currency will be updated based on the shipping or delivery destination after you provide us with the delivery address and will be shown in CHF if not agreed otherwise. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarised before you are asked to confirm and place your order and will also be reflected in our correspondence with you once you have chosen your delivery options. We reserve the right to modify prices and delivery costs at any time without prior notice. We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the Sales Channels. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid. Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment or Delivery may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification. The full amount of your purchase will typically be requested by bank wire if not agreed otherwise before your order is shipped or delivered, at which point you will be sent a Confirmation of shipment or delivery. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay. We may confirm a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
Confirmation of Order
Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Confirmation of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. If you have any questions or concerns or if the confirmation of Order does not reflect your intentions, you should contact us promptly. These Conditions of Sales will be provided to you when we confirm your order.
We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, pick-up points, or PO boxes. Boutique pick-up may be offered, free of charge, to certain locations. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique. If you order several products, we will ship the order only once all products are available (there will be no partial shipments, unless otherwise communicated to you).
Confirmation of Order & Shipment
Upon shipment or delivery of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment or Delivery constitutes our acceptance of your order and indicates the existence of a binding sales contract.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within 15 days after that date, except if your purchase relates to a product not yet available. A product out of stock may require up to 6 months to be completed and made ready for shipment. When ordering through the Sales Channels, you may be able to choose a specific delivery date as available on the Sales Channels. Any such specific delivery date remains subject to our confirmation. If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within 30 days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact us to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received. When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment. We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by Charles Girardier and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products.
When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
Returns and Exchanges
(a) Right to Cancel
You have the right to cancel the contract created by our written order confirmation without giving any reason fourteen (14) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired. To cancel the contract and return your product(s), you can contact us and follow the instructions that will be given to you, or you can send us in writing an unequivocal statement such as a letter or e-mail to: firstname.lastname@example.org.
(b) Return Process
Products that have been purchased through the Sales Channels may only be returned to our Atelier Charles Girardier at the address Pre-Bouvier 27, 1217 Satigny, Switzerland
To return a product to our , you must follow the steps mentioned below :
(i) Call us or inform us at email@example.com.
(ii) You may choose (a) to use our pick-up service and agree on a pick-up date with our logistics partner, or (b) a parcel drop-off at any of our logistics partner’s network locations within the eligible return period. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product;
(iii) We will send you a return form by e-mail;
(iv) Please fill out the required information on the return form and sign it;
(v) You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, the Service Guide, the Warranty Card and all other documents, in their original box;
(vi) Please seal the delivery package and affix the pre-paid airway bill received with your purchase; and
(vii) On the agreed date, our logistics partner will pick-up the sealed delivery package, or you opt for the drop-off service at any of our logistics partner’s network locations, you will be given a receipt with a return tracking number that should be kept until we send you an order refund confirmation by e-mail.
You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by our CG Atelier in Satigny will be eligible for a refund or exchange.
(c) Condition of Returned Products
We will verify that the returned product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange. Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Charles Girardier box and delivery package, including all accessories and documents. For example, timepiece bracelets that have been adjusted at your request must be returned with the exact same number of links as in the original delivery package. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly. All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange. Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
(d) Products you cannot return or exchange
Orders for products that have been personalized or customized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned to us for exchange or refund. This includes, without limitation, products that have been engraved or Mysterious Signature set with initials of your choice.
You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above. Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e. a “Gift Recipient”) be entitled to receive a refund. If the return complies with these Conditions of Sale, we will use commercially reasonable endeavours to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within fourteen (14) days after receipt of the returned item by the CG Atelier. Initial shipping charges will be refunded, except where you had originally opted for a non-standard delivery, in which case the supplemental costs will be non-refundable.
CG Manufacturer’s guarantee and your legal consumer rights
We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic. Selected products are covered by the applicable Charles Girardier Guarantee. If you wish to repair a product covered by the applicable Charles Girardier Guarantee of 5 years including first service offered, please refer to the applicable Charles Girardier Guarantee or call us or write to us at service @charles-girardier.com for more information. In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable Charles Girardier Guarantee.
Strap Exchange / Adjustment
A Charles Girardier watch strap is delivered in a standard size, colour and material. The strap size, material or colour can be personalized, delivered smaller or larger, upon request, by calling us or informing us.
For any repair inquiries relating to a product ordered and received through the Sales Channels, call us or contact us at firstname.lastname@example.org.
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Sales Channels, in advertisements or catalogues or as provided by us is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. [In particular, any description and information concerning the weight of precious materials and the number of stones and carats are provided as an indication only and may vary slightly. For jewellery, this information uses the metric size 52 for rings and the metric size 17 for bracelets.]
Limitation of liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Sales Channels whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice. Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order. Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law. These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control. The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach. This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Charles Girardier Guarantee.
Applicable law and jurisdiction
These Conditions of Sale shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale. Where the laws of Switzerland are different to the mandatory consumer laws in your own country, we will afford you with similar protection. You may bring proceedings against us in the courts of Geneva.