Terms and Conditions Lazuli Vintage Watches GmbH
For questions, inquiries or complaints, the customer may contact the seller's customer service:
Lazuli Vintage Watches GmbH, Limmatquai 1, 8001 Zurich.
E-mail: [email protected]
Scope of application
These general terms and conditions apply to all contracts between the customer and the seller Lazuli Vintage Watches (hereinafter "seller") regarding the sale and delivery of goods. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity in writing.
1. Conclusion of contract
1.1 The Seller's offers are non-binding and subject to change. A contract is only concluded when the seller confirms the customer's order in writing or by e-mail or sends the ordered goods to the customer.
1.2 The seller reserves the right to refuse orders, especially if the customer has violated payment obligations in the past or if there are justified doubts about the creditworthiness of the customer.
2. Prices and terms of payment
2.1 The prices indicated are in Swiss francs (CHF) and include the statutory value added tax. For international shipments, it's essential to be aware that customs fees may apply depending on the destination country. These fees are not included in our prices and remain the responsibility of the recipient. To ensure a smooth shipping experience, we recommend familiarizing yourself with the customs regulations in your country before placing your order.
2.2 The customer has to make the payment in advance or other payment methods offered in the ordering process. The payment of the purchase price is due immediately upon conclusion of the contract. We request to receive the payment within two business days. Failure to make payment within this timeframe may result in the cancellation of your order.
3. Delivery and shipping
3.1 Delivery shall be made to the delivery address specified by the customer.
3.2 The delivery period is usually 2-12 working days from confirmation of receipt of payment. If a longer delivery time is required, the customer will be informed.
3.3 The seller bears the risk of accidental loss or accidental deterioration of the goods until they are handed over to the customer.
3.4 Upon receipt of the e-mail with invoice and order confirmation, the customer is obliged to accept the goods. Change requests and cancellation requests can no longer be considered or will only be considered at the discretion of the seller and voluntarily.
4. Right of withdrawal and return
4.1 The customer has the right to revoke the contract within 14 days after receipt of the goods without giving any reason. The revocation period begins on the day on which the customer or a third party named by him, has taken possession of the goods.
4.2 To exercise the right of withdrawal, the customer must inform the seller of his decision to withdraw from the contract in writing by e-mail to [email protected].
4.3 In the event of an effective revocation, the Customer must return the goods without undue delay, but no later than 14 days from the day on which he informed the Seller of the revocation of the contract. The return shipment must be agreed upon with the Seller. The return address will be communicated to the Buyer after consultation. The address provided shall be used for the return. The return of the goods is at the expense of the buyer. The goods must be returned in exactly the same condition as they were delivered. This includes the original packaging with all protective materials, labels and stickers on the products and any accessories or replacement materials. If the return does not meet these specifications, Seller reserves the right to refuse the return.
4.4 The liability for the Goods shall pass to the Customer as soon as the Goods are damaged during the return transport due to a fault of the Customer. Provided that the Seller provides the Customer with a prepaid return label from the transport company enclosed with the delivery, the Seller shall bear the costs of returning the goods. In the event that a prepaid return label is not used, the Customer shall be responsible for the direct cost of returning the Goods and for the liability and insurance of the package itself. In this regard, Seller assumes no responsibility for loss, damage, shipment to an incorrect address, or delays in return shipment. In the event that the return label is not used, it is the responsibility of the customer to insure the goods during transport.
4.5 The purchase price will be refunded to the Customer (minus additional delivery and shipping costs and a handling fee) by providing the Customer with a voucher for the online store (www.lazulivintagewatches.com), unless otherwise expressly agreed with the Customer.
5. Presentation of the goods, delivery time and availability
5.1 The images of goods in advertising, brochures, in the online store, etc. are for illustrative purposes only and are not binding. The same applies to information on the individual goods, as they are for information purposes only. The Seller reserves the right to change the goods indicated in the Online Shop at any time and without prior notice and to limit the number of items that can be purchased by a Customer.
5.2 All information given in the online store about the delivery time of the goods is non-binding.
5.3 If the Seller is unable to meet a delivery deadline due to reasons for which the Seller is not responsible, the Customer will be informed immediately and, if applicable, notified of the new expected delivery deadline. If the new delivery period is not acceptable to the Customer or if the Goods are partially or totally unavailable within such period, both Parties shall have the right to withdraw from the Contract with respect to the Goods concerned. In such a case, the customer will be immediately refunded the payment already made for the unavailable goods.
5.4 Delivery shall be made under the condition of timely and proper self-delivery by the suppliers. In the event of force majeure such as strikes and other labor disputes, riots, war, natural disasters, as well as in the event of a delivery blockade by the manufacturer or upstream supplier, there could be a delay in delivery. The Seller is not liable for delays in delivery caused by manufacturing companies or third parties.
5.5 The goods are available while stocks last. In rare cases, errors or adjustments may occur, especially if several customers order the same goods at the same time. The seller assumes no liability for lack of stock or unavailability of goods.
5.6 If not all ordered goods are in stock, the seller is entitled to make partial deliveries. If it becomes clear after the conclusion of the contract that the goods cannot be delivered in part or in full due to reasons for which the seller is not responsible, the customer has the right to withdraw from the contract.
6. Warranty and notice of defects
6.1 Customary or technically unavoidable, material-related deviations in the quality, color, size, equipment or design of the goods do not constitute a defect. This also applies to documented and disclosed possible signs of vintage watches.
6.2 The customer is obliged to inspect the delivered goods immediately, if possible in accordance with standard business practice, and to notify the seller's customer service immediately in writing of any defects.
6.3 Defects that were not recognizable in accordance with the preceding paragraph shall be reported to the customer service in writing immediately after discovery.
7. Exclusion and limitation of liability
7.1 The liability of the Seller for slight negligence is excluded.
7.2 In particular, Seller shall not be liable for any damage caused by any of the following: improper storage, configuration or use of the Goods, use of incompatible spare parts or accessories, failure to maintain and/or modify or repair the Goods by Customer or a third party.
7.3 Furthermore, the Seller shall not be liable for any damage caused by force majeure, natural hazards, humidity, fall and impact or governmental orders for which the Seller is not responsible.
7.4 The exclusions of liability shall also apply to all claims competing with the warranty rights, such as claims arising from contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR), etc.
7.5 The Seller shall not be obliged to provide warranty if the Customer or a third party fails to comply with the operating or maintenance instructions for the Goods, makes modifications, replaces parts or uses consumables that do not comply with the original specifications. The same applies to defects resulting from improper use, storage and handling of the goods, external interventions and opening of the goods. A warranty for normal wear and tear, consumables, accessories and supplied batteries is excluded.
8. Retention of title
8.1 Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price), the seller retains ownership of the respective delivered goods.
8.2 The Customer is obliged to handle the goods with care during the retention of title and to store them appropriately. The customer shall inform the seller immediately if the goods are seized or exposed to other interventions by third parties.
9. Obligation to inspect and give notice of defects
9.1 Customary or technically unavoidable, material-related deviations with regard to quality, color, size, equipment or design of the goods shall not be considered defects. The same applies to documented and disclosed possible signs of vintage watches.
9.2 The customer is obliged to inspect the delivered goods immediately in accordance with standard business practices and to notify the seller's customer service immediately of any defects (see clause 6.2 above). If Customer fails to make such inspection and notification, the Goods shall be deemed approved. Approval shall in any event be deemed to have been given if Customer Service does not receive notice of any defect by email within 2 days of receipt of the Goods.
9.3 Defects which were not recognizable according to the previous paragraph must be reported to Customer Service (see clause 6.2 above) immediately after discovery, otherwise the ordered goods shall be deemed approved also with regard to these defects.
9.4 The Seller may remedy defects by removal. This shall be done at the Seller's discretion either by rectification (removal of a defect) or by replacement with goods free of defects (credit note). In the case of the sale of vintage watches, the warranty obligation of the seller is only the elimination of defects. If it is not possible to remove the defects, the seller agrees to a refund of the purchase price (conversion according to Art. 205 OR).
9.5 A right to price reduction is excluded. These exclusions of liability shall also apply to all claims competing with the warranty rights, such as claims based on contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), avoidance of the contract due to error (Art. 23 ff. OR) etc.
9.6 The Seller shall not assume any warranty if the Customer or a third party fails to comply with the operating or maintenance instructions for the Goods, makes modifications, replaces parts or uses consumables that do not comply with the original specifications. The same applies to defects resulting from improper use, storage and handling of the goods, external interventions and opening of the goods. A warranty for normal wear and tear, consumables, accessories and supplied batteries is excluded.
9.7 The customer does not receive any guarantees in the sense of the law, except for the specific guarantees of Lazuli Vintage Watches. The seller is not liable for the descriptions of third parties, especially other customers in the context of customer reviews published in the online store or social media.
9.8 The above limitations and exclusions do not apply to claims for damages based on a breach of duty by the seller, his legal representatives or agents:
a) in case of injury to life, body or health,
b) in case of intentional or grossly negligent breach of duty and fraud,
c) within the scope of a warranty agreement, if such an agreement has been made,
d) if it falls within the scope of the Product Liability Act.
10. Transport damages
10.1 If goods are delivered with obvious transport damage, the customer must immediately report such defects to the transport company and immediately contact the seller. Failure to complain or contact the Seller in due time shall not affect any legal claims and their enforcement, in particular warranty rights. However, the customer is obliged to assist the seller in asserting his own claims against the carrier or the transport insurance.
11. Data protection
11.1 The transmission of personal data is subject to the provisions of the Seller's privacy policy. This can be viewed on the Seller's website.
12. Errors, inaccuracies and omissions
12.1 The Seller endeavors to keep the information on the Website and in the Offers as accurate and up-to-date as possible. However, typographical errors, inaccuracies or omissions may occur. The Seller reserves the right to correct any errors, inaccuracies and omissions and to change or update information at any time without prior notice.
13. Prohibited applications
13.1 It is forbidden for the customer to use the website or its content for unlawful purposes, to encourage others to perform or participate in unlawful acts or to violate legal regulations and rules. It is forbidden to use any content or images without citing the source, unless it is confirmed in writing with the Seller.
13.2 The Seller reserves the right to terminate the use of the Website or Services if the Customer violates any of the prohibited uses.
14. Severability clause
14.1 If any provision of these Terms and Conditions is unlawful, void or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
15. Applicable law and place of jurisdiction
15.1 These General Terms and Conditions and all contracts between the Customer and the Seller shall be governed by the laws of Switzerland.
15.2 For all disputes arising from or in connection with these General Terms and Conditions and the contracts between the Customer and the Seller, the exclusive place of jurisdiction shall be Zurich, Switzerland.
16. Changes to the General Terms and Conditions
16.1 The Seller reserves the right to update, modify or replace these General Terms and Conditions at its sole discretion. Any changes will be published on the Website.
16.2 By continuing to use or access the Website or the Services after the publication of any changes, the Customer shall be deemed to have accepted such changes.
17. Contact details
17.1 In case of any questions regarding these General Terms and Conditions or the Contract, the Customer may contact the Seller by e-mail at [email protected].
Status: [July 31, 2023]
By confirming the order, the Customer acknowledges and agrees to these General Terms and Conditions.
Lazuli Vintage Watches GmbH